Justia Real Estate & Property Law Opinion Summaries

Livermore adopted a General Plan and a Downtown Specific Plan in 2004, for which it certified an environmental impact report (EIR). A subsequent EIR (SEIR) was certified in 2009, after amendments to the Downtown Specific Plan increased the amount of development allowed. In 2018, Livermore approved a plan for redeveloping city-owned sites in the “Downtown Core” with park space, retail buildings, cultural facilities, multifamily workforce housing, a public parking garage, and a hotel. Livermore selected Eden to develop the housing. Addenda to the SEIR were prepared. The proposed housing project comprised two four-story buildings with 130 affordable housing units. . Livermore’s Planning Commission approved Eden’s application. The city approved design review and a vesting tentative parcel map, finding that no substantial changes were proposed that would require major revisions to the previous EIR, SEIR, or addenda and that the project was exempt from the California Environmental Quality Act (Pub. Resources Code 21000) as consistent with a specific plan for which an EIR had been certified and as infill development.The trial court required SLD to file an undertaking of $500,000 in its challenges to the approvals, finding that the action was brought for the purpose of delaying affordable housing and that the undertaking would not cause SLD undue economic harm. The court of appeal rejected arguments that the project was inconsistent with the planning and zoning law and that further review of the environmental impacts was necessary and upheld the requirement that SLD post a bond. View "Save Livermore Downtown v. City of Livermore" on Justia Law

Appellant Ventura29, LLC purchased property (the Property) in the City of San Buenaventura (City). Appellant filed a complaint against the City alleging that Appellant “is in the process of developing a multi-unit townhome project” on the Property. The first cause of action is for inverse condemnation. Appellant claims City’s modification of an approved grading plan for the Property “resulted in an unconstitutional taking for which [it] is entitled to just compensation.” The trial court entered a judgment of dismissal after the trial court had sustained a demurrer to Appellant’s second amended complaint (complaint). Appellant contends the complaint states causes of action for private nuisance, trespass, and negligence based on the City’s dumping of uncertified fill on the Property in 1977.   The Second Appellate District affirmed the judgment of dismissal. The court concluded that these causes of action are barred by the statute of limitations. The court reasoned that Appellant’s “action on the case” theory is based on its claim that the primary injury to its property was not caused by the dumping of the uncertified fill. Instead, it was caused by the consequences of the dumping. Therefore, Appellant argued, the statute of limitations on the causes of action began to run when the City Engineer made the modification. The “action on the case” theory is of no assistance to Appellant. The theory, in effect, restates the first cause of action for inverse condemnation. Appellant forfeited its right to object to the modification of the grading plan because it had complied with the modification without exhausting its administrative remedies. View "Ventura29 v. City of San Buenaventura" on Justia Law

Defendant Department of General Services and real party Joint Committee on Rules of the California State Senate and Assembly (collectively DGS) prepared an environmental impact report (EIR) to determine the environmental effects of a project they proposed which would significantly affect the California State Capitol Building in Sacramento (Historic Capitol). DGS would demolish the State Capitol Building Annex attached to the Historic Capitol and replace it with a larger new annex building, construct an underground visitor center attached to the Historic Capitol’s west side, and construct an underground parking garage east of the new Annex. Plaintiffs Save Our Capitol! and Save the Capitol, Save the Trees filed petitions for writ of mandate contending the EIR did not comply with the California Environmental Quality Act (CEQA). The trial court denied the petitions. Plaintiffs appealed the judgment, arguing: (1) the EIR lacked a stable project description; (2) the EIR did not adequately analyze and mitigate the project’s impacts on cultural resources, biological resources, aesthetics, traffic, and utilities and service systems; (3) the EIR’s analysis of alternatives to the project was legally deficient; and (4) DGS violated CEQA by not recirculating the EIR a second time before certifying it. The Court of Appeal reversed in part, finding the EIR’s project description, analyses of historical resources and aesthetics, and analysis of alternatives did not comply with CEQA. Judgment was affirmed in all other respects. View "Save Our Capitol! v. Dept. of General Services" on Justia Law

The Jenkinses bought a one-bedroom home, built in 1909, with a small accessory cottage in San Anselmo. Following conversations with an architect, contractors, and the Town Planning Director, they sought permits to demolish the existing structures and build a new home with a detached studio. The Planning Commission approved the project. The Jenkinses nevertheless worked with neighbors to accommodate their concerns and submitted revised plans, which were also approved. Four individuals unsuccessfully appealed to the Town Council. Attorney Brandt-Hawley filed a mandamus petition on behalf of an unincorporated association and an individual, alleging violations of the California Environmental Quality Act (CEQA), although the appeal did not include any CEQA claim and CEQA has a categorical exemption for single-family homes, and “violation of the Town Municipal Code,” without citation.The trial judge denied the petition, criticizing aspects of Brandt-Hawley’s briefing and advocacy. Petitioners appealed, then offered to dismiss the appeal for a waiver of fees and costs. The Jenkinses rejected the offer. On the day the opening brief was due, Brandt-Hawley dismissed the appeal. The Jenkinses sued Brandt-Hawley for malicious prosecution. The court denied Brandt-Hawley’s special anti-SLAPP (strategic lawsuit against public participation) motion to strike. The court of appeal affirmed. The Jenkinses met their burden under step two of the anti-SLAPP procedure demonstrating a probability of success on their complaint. View "Jenkins v. Brandt-Hawley" on Justia Law

Division purchased two office buildings from the city that included a short-term leaseback at below-market rent. Division alleged that the assessor failed to take the leaseback into account when valuing the buildings for property tax purposes and claims this violated Revenue and Taxation Code section 402.1. After failing to persuade the City’s Assessment Appeals Board, Division filed suit. The trial court dismissed, holding that the lease did not constitute an “enforceable restriction” under section 402.1.The court of appeal affirmed, noting that Division paid $53 million, a price discounted to reflect the leaseback. While a purchase price may play a significant role in the reassessment of property upon its sale, that price is only the beginning of the inquiry; one factor that may skew the purchase price and make it an unreliable indicator of fair market value is an agreement containing restrictions on the buyer’s use of the property. Such restrictions do not bind the assessor. Government-imposed land use restrictions must be taken into account when a property is valued for assessment purposes but under section 402.1 “enforceable restrictions” are land use restrictions imposed by the government under its police power, not restrictions agreed to by a public entity selling property to a private buyer in an ordinary arm’s-length transaction. View "290 Division (EAT), LLC v. City and County of San Francisco" on Justia Law

In 2003, JCJIC proposed a 312-unit apartment complex on 15.45 acres of vacant land along the Petaluma River. In 2008, after starting a draft environmental impact report (DEIR), for compliance with the California Environmental Quality Act (CEQA) (Pub. Resources Code 21000), Petaluma adopted General Plan 2025. In response, JCJIC submitted an application for a 278-unit complex. After conducting site visits, the California Department of Fish and Wildlife, the Regional Water Quality Control Board, and the National Oceanic and Atmospheric Administration Fisheries Service identified the issues the EIR should address. A “Habitat Mitigation Monitoring Plan” was incorporated. In 2018, the DEIR was published. JCJIC provided consultant studies regarding environmental impacts, including on “Special Status Species.” The Planning Commission considered traffic impacts, floodplain impacts, and decreased quality of neighborhood life. City Council members requested supplemental documentation and authorized the preparation of a final EIR. JCJIC further reduced the proposal to 205 units; reduced the height of buildings; increased setbacks from the River; and implement a “Traffic Calming Plan.” The Final EIR concluded the revisions eliminated or reduced several potential significant impacts. In 2020, JCJIC submitted another plan with 180 units.Objectors disputed the adequacy of the EIR’s special status species analysis and failure to analyze emergency evacuations. The City Council certified the EIR and approved zoning amendments. The trial court and court of appeal upheld the approvals. View "Save North Petaluma River and Wetlands v. City of Petaluma" on Justia Law

The school's athletic stadium seats 2,008 persons and is surrounded by single-family homes. The school sought approval to add four permanent 90-foot tall outdoor light standards to enable its nighttime use. The planning department determined that the project was categorically exempt from review under the California Environmental Quality Act (CEQA) (Pub. Resources Code 21000). The planning commission approved a permit, limiting the hours during which the lights could be used, and prohibiting use by groups unaffiliated with the school. The permit required the distribution of a large-event management plan and a code of conduct for students and others attending events. The board of supervisors affirmed, further restricting the hours that the lights could be used, requiring the school to report the dates and times the lights are turned on, dimmed, and turned off, requiring that for certain events, the school provide off-site parking, and requiring that trees be installed for screening.The court of appeal reversed. The project is not exempt from CEQA under the class 1 exemption for “existing facilities.” The project will significantly expand the nighttime use of the stadium. Nor does the class 3 exemption, entitled “New Construction or Conversion of Small Structures,” apply. View "Saint Ignatius Neighborhood Association v. City & County of San.Francisco" on Justia Law

O’Brien submitted an application in March 2011 for approval of a 315-unit residential apartment development. O’Brien’s application was deemed complete in July 2011, including 14 residential buildings, a clubhouse, a leasing office, parking in carports and garages, and internal roadways on a 22.27-acre site. The site was then designated Administrative/Professional/Multi-Family Residential on the city’s general-plan land-use map and was zoned Administrative/Professional. The city certified an environmental impact report (EIR) in 2013. Before the project was approved, O’Brien and the city suspended processing the original project while O’Brien pursued an alternative, smaller proposal.In 2018, when it proved impossible to proceed with the alternative project, O’Brien and the city revived the original proposal, with some modifications. The city finally approved the resumed project in 2020, after the preparation of an addendum to the original EIR. A citizen’s group claimed that the project conflicted with the city’s general plan as it existed when the project was revived in 2018, that the EIR was inadequate, and that a supplemental EIR is required. The court of appeal affirmed the trial court’s denial of the mandamus petition. Despite the lengthy delay between certification of the EIR and project approval, the city properly applied the general plan standards in effect when the application was deemed complete. The court rejected challenges to the EIR. View "Save Lafayette v. City of Lafayette" on Justia Law

In a partition action, a trial court appointed defendant Charles Brock, a real estate broker, to determine the listing price and sell the property. Plaintiff Darrell Holt, one of the real property’s owners, brought this action contending Brock violated fiduciary duties and committed other torts in the performance of his court-appointed role. The trial court granted summary judgment in favor of Brock, concluding he was protected under quasi-judicial immunity. Finding no reversible error, the Court of Appeal affirmed that conclusion. View "Holt v. Brock" on Justia Law

In 2010, Pacific Grove authorized “transient use of residential property for remuneration,” subject to licensing. One-year “STR” Licenses were subject to revocation for cause. In 2016, the city capped the number of short-term rental licenses citywide at 250 and established a density cap of “15 [percent] per block.” In 2017, the city prohibited more than one license per parcel and required a 55-foot buffer zone between licensed properties. The changes provided that a license could be withdrawn, suspended, or revoked for any reason and that renewal was not guaranteed. The city resolved to “sunset” certain licenses using a random lottery. In 2018, Pacific Grove voters approved Measure M, to prohibit and phase out, over an 18-month sunset period, all existing short-term rentals in residential districts, except in the “Coastal Zone,” as defined by the California Coastal Act. Measure M did not restrict short-term rentals in nonresidential districts or otherwise modify existing rules.The court of appeal affirmed the dismissal of a suit by licensees. The Plaintiffs’ economic interest in renting their homes for transient visitors was not an entitlement subject to state or federal constitutional protection. The curtailment of short-term rental licenses is related to legitimate state interests. View "Hobbs v. City of Pacific Grove" on Justia Law